On The Perfection Of The Legal System Of Owners 'Autonomy In China' S Residential

Since the reform and opening-up, with the rapid development of China’s economy and increasingly prosperous society, more and more people choose to put down the tools and go to the city to look for new development opportunities, which opened the curtain of China’s urbanization. Influenced by the traditional thought of living and working in peace, it has become the primary goal and motivation of this nascent force, who struggles arduously to settle in the city. At the same time, the contradiction between the limited land area of city and the growing demand for housing intensified more and more seriously. Compared with extending the scope of the city horizontally, expanding vertically is obviously more preferable to relieve the tension. Therefore, pretty the same with the development track of other developed countries and regions, China’s high residential buildings also sprang up. However, there is no existing system or measure for this country, which implements the planned economic and housing distribution system for decades, to guide and regulate the daily use and management of these high-rise buildings with distinction ownership. Along with the rapid development, it also faces unprecedentedly severe challenges in property management. Property management disputes are now emerging and reaching epidemic proportions.In order to solve this thorny problem, our country from the national to local level is trying to promote and regulate through the institutional building. First, in March 23 1994, the Ministry of Construction issued Decree 33 promulgated the "New Residential Urban Management Practices", which laid a foundation for China’s urban residential management to step into a legal track. In June 18 th the same year, Shenzhen city issued "Shenzhen SEZ Residential Property Management Regulations" and formally implemented in November 1st, which is the first local property management regulations. As the birthplace of the mainland property management, early in 1981 March, the first Property Management Company was born here. Until June 8, 2003, the State Council published 379 th decree "Property Management Regulations" that implemented in September 1st the same year. As the first nationwide normative property management document, it is a great milestone event of property management history in our country, and is of great significance to regulate the property management activities and promote the healthy development. It marks that a new era of legal and standardized development has began. But for various reasons, in recent years, property management disputes not only have not been fundamentally solved, but become more and more frequent and complicated.This paper aims to though analyzing the theories related to the legal system of property management, based on the the domestic and international legislation and judicial practice of property management, in order to improve to the legal system of property management, taking the owner autonomous system as the core, to adapt the development and achieve effective protection of the residential owners rights. This paper is divided into three parts: the introduction mainly introduces the content of the research background, research significance and research objects and so on. The text is divided into five chapters: the first chapter focuses on the basic concepts of the owners of autonomy to clarify the legal system, the origin and development in China. The second chapter describes the specific design of the existing legal system the owners of autonomy model. The third chapter is the detailed content analysis and root defects existing in our country’s owner autonomous legal system. The fourth chapter focuses on property management legislation in worldwide major countries and its significance. The fifth chapter is the most important part of the paper, which puts forward conception of improving our existing residential owners autonomous management system based on the former explanation and demonstration, in order to promote the development of the industry in China and the harmonious progress of society. The conclusion part is the summary of the whole article summary.